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The Midterms Put a Clock on the Protect College Sports Act

The Senate passed it 77-22. Last night's results leave the House about five weeks to finish the job before the bill expires and the process starts over in a Congress Democrats will run.

By Drew Hayes · November 4, 2026

The short version

Democrats won control of both the House and the Senate in Tuesday's midterms, according to CBS News and CNN projections. Dozens of House races were still being counted Wednesday morning.

That result puts a hard deadline on the Protect College Sports Act (PCSA). The current Congress still has to finish it. The House returns Nov. 9 for a lame-duck session of about five weeks, ESPN reported. If the bill is not law when the new Congress is seated in January, it dies and has to start again from the beginning.

A restart would happen with Democrats holding the gavel in both chambers. Some of the bill's loudest critics are Democrats, but so is one of its two lead authors. Below: where the bill stands, what the election changed, the three ways this can go, and what TNS's own roster-spend estimates say about the pay cap at the bill's center.

Where the bill stands

The PCSA (S. 4668) has cleared the Senate and nothing else. Sens. Ted Cruz (R-Texas) and Maria Cantwell (D-Wash.) introduced it on May 27 with Sens. Eric Schmitt (R-Mo.) and Chris Coons (D-Del.), per Lexology and the Senate Commerce Committee.

Date (2026)StepVote
Sept. 28Senate passes the bill, as amended77-22
Sept. 24Senate invokes cloture74-25
Sept. 15First cloture vote, on the motion to proceed74-24
Committee stageSenate Commerce Committee advances it19-9

Votes are from the Commerce Committee's tally and congress.gov.

The final vote split both parties. Twenty Democrats and two Republicans voted no, CBS News reported. Cantwell and Coons brought 27 Democrats along, per The Washington Sun. All four Black Democrats in the Senate opposed the bill at the first procedural vote, the AP reported.

It was the first time either chamber had approved sweeping federal legislation to govern college athletics, per CBS Sports. The House has not voted on it. Its own earlier bill, the SCORE Act, was pulled in May before a planned Rules Committee debate, Roll Call reported.

Backing includes all 32 Division I conferences, more than 380 schools and the White House, which issued a formal statement of support in August.

What the bill would do

The PCSA trades a limited antitrust exemption for the NCAA and conferences for a set of federal rules and athlete protections. The pieces that matter most for the NIL market:

AreaWhat the Senate-passed bill does
School pay to athletesWrites the House settlement cap into law: $21.58 million for 2026-27. Schools may add up to $22.5 million to retain athletes who have completed a full season and meet academic benchmarks, plus $5 million for non-revenue sports, for a ceiling of $49.08 million.
Third-party NILDeals must have a "valid business purpose." Sponsors tied to a school must certify they are the real source of the money. Deals over $600 must be disclosed.
Fair market valueThe governing body must keep a database athletes and agents can use to estimate what an NIL deal is worth.
TransfersOne transfer without losing eligibility. More are allowed in set cases, such as a head coach leaving or a sport being cut.
EligibilityFive years to play, with the clock starting at age 19 or first enrollment, whichever comes first.
AgentsMust register. Fees capped at 5%.
Employee statusNeutral. The bill does not say whether athletes are or are not employees.
State lawPreempts conflicting state NIL, transfer and eligibility rules.
ConferencesCaps Power 4 conferences at 20 schools. A school moving between Power 4 leagues must first spend three years outside them, a rule that ends after 2031.
Athlete healthSchools cover sports injuries for five years after eligibility ends.

Sources: the Knight Commission and Greenberg Traurig summary of the committee-reported bill, updated with floor changes reported by ESPN. The final engrossed text on congress.gov governs.

What the bill leaves out matters too. It does not cap coach or administrator pay or facilities spending. A floor amendment for a $5 million cap on coach pay failed 52-47, per ESPN.

What the election changed

The House that will decide the bill this year is the same Republican-led House as before Tuesday. What changed is that its majority is now on the way out, and everyone knows who takes over in January.

The deadline is now fixed. Before Tuesday, a bill that stalled could hope for a friendlier House next year. That hope now cuts the other way for supporters. If the PCSA does not clear the House in the lame duck, the next attempt runs through Democratic majorities in both chambers.

Opponents can win by waiting. Sen. Cory Booker (D-N.J.), the bill's most vocal Senate opponent, told CBS Sports a Democratic House would give his party "a chance to really author a bill," per ABC News. House Minority Leader Hakeem Jeffries, now in line to become Speaker per Variety, has attacked House Republican leaders' college sports push before. During the SCORE Act fight he suggested it was meant to please donors to LSU, The Advocate reported.

A restart would not be a blank slate in the Senate. Cantwell, the bill's lead Democrat, is the Commerce Committee's top Democrat, and Democrats will now hold its majority. Twenty-seven Senate Democrats voted for the bill, and 20 voted against it. The new Democratic caucus will include incoming senators who have never voted on it.

Any House change sends it back across the Capitol. If the House amends the bill in the lame duck, the Senate has to vote again before the Congress ends, The Washington Sun noted.

The fault lines in the House

The bill has critics on both sides of the aisle, and they want different things. That makes a quick House deal hard whatever the calendar says.

IssueWho is pushingThe tension
Employee statusMajority Leader Steve Scalise and other Republicans want a clause saying athletes are not employees (Roll Call)Cruz called that clause "a bridge too far" for Democrats (ESPN). Adding it could cost Senate Democratic votes.
International athletesA growing group of House Republicans; Rep. Tim Walberg has a bill capping international roster spots at 20% (The Washington Sun)Not in the Senate text. Adding it means changing the bill.
Athlete rights and bargainingThe Congressional Black Caucus, nearly 60 House members (Roll Call); the NAACP; labor groups including the AFL-CIO (ESPN)Critics say the bill weakens athletes' bargaining power. The CBC's opposition helped sink the SCORE Act in May.
How fast to moveCruz and the bill's outside backersBackers want the Senate text passed as written, because any change forces another Senate vote before the Congress ends.

Supporters have their own argument for speed. They say years of lawsuits and an unenforceable cap have left college sports without working rules. Cantwell has said the bill is not a final fix but is needed to slow runaway spending, per ESPN. President Trump, who backs the bill, could press House Republicans to act, Axios reported.

Three ways this can go

Every path runs through the same five weeks. We are not handicapping them; each one has a different set of things that must happen.

  • The House passes the Senate text as is. The bill goes straight to President Trump, who supports it. This needs a House majority for a bill that GOP leadership has said needs changes, without adding any of them.
  • The House amends it. The changed bill goes back to the Senate, which must pass it again before the Congress ends. An employee-status ban could win House Republican votes and cost Senate Democratic ones.
  • Nothing passes by January. The bill expires when the new Congress is seated. Backers would have to reintroduce it and clear both chambers again, this time under Democratic majorities. Critics such as Booker see that as a chance to write a different bill.

If the bill dies, today's rules stay in place. The House settlement cap and its enforcement system keep running, without federal antitrust protection or preemption of state laws.

The money: our roster-spend estimates vs. the cap

The pay cap is the bill's center, so we put our own numbers against it. TNS estimates what each school spends on its football and men's basketball rosters, outside endorsements excluded. Add just those two sports together, and every one of the 68 Power 4 schools is above the bill's $21.58 million base cap.

Football and men's basketball spend alone puts every Power 4 school past the bill's base cap

68 of 68 schools top the base cap; 46 do on football alone; 21 top the cap plus the full retention fund

  • Football, 2026 roster
  • Men's basketball, 2026-27 roster
  • TNS estimated school spend, $ millions
TexasTexas, football: $52M, TNS estimateTexas, men's basketball: $23.5M, TNS estimateMiamiMiami, football: $49.5M, TNS estimateMiami, men's basketball: $18.75M, TNS estimateOregonOregon, football: $51.5M, TNS estimateOregon, men's basketball: $14.75M, TNS estimateLSULSU, football: $50.75M, TNS estimateLSU, men's basketball: $15.25M, TNS estimateOhio StateOhio State, football: $50.5M, TNS estimateOhio State, men's basketball: $13.75M, TNS estimateTexas A&MTexas A&M, football: $48.25M, TNS estimateTexas A&M, men's basketball: $16M, TNS estimateFloridaFlorida, football: $38.5M, TNS estimateFlorida, men's basketball: $25.5M, TNS estimateMichiganMichigan, football: $39M, TNS estimateMichigan, men's basketball: $23.75M, TNS estimateTennesseeTennessee, football: $41.5M, TNS estimateTennessee, men's basketball: $19M, TNS estimateOle MissOle Miss, football: $43.5M, TNS estimateOle Miss, men's basketball: $16.75M, TNS estimateTexas TechTexas Tech, football: $41.75M, TNS estimateTexas Tech, men's basketball: $17.5M, TNS estimateUSCUSC, football: $39.75M, TNS estimateUSC, men's basketball: $17.25M, TNS estimateIndianaIndiana, football: $39.5M, TNS estimateIndiana, men's basketball: $16.75M, TNS estimateNotre DameNotre Dame, football: $49.25M, TNS estimateNotre Dame, men's basketball: $6.75M, TNS estimateAlabamaAlabama, football: $40.5M, TNS estimateAlabama, men's basketball: $12M, TNS estimateKentuckyKentucky, football: $25M, TNS estimateKentucky, men's basketball: $26M, TNS estimateAuburnAuburn, football: $33.5M, TNS estimateAuburn, men's basketball: $16.25M, TNS estimateLouisvilleLouisville, football: $23.5M, TNS estimateLouisville, men's basketball: $25.25M, TNS estimateOklahomaOklahoma, football: $33.25M, TNS estimateOklahoma, men's basketball: $15.5M, TNS estimateSouth CarolinaSouth Carolina, football: $34M, TNS estimateSouth Carolina, men's basketball: $14.75M, TNS estimateMissouriMissouri, football: $29M, TNS estimateMissouri, men's basketball: $16.25M, TNS estimateNebraskaNebraska, football: $32.75M, TNS estimateNebraska, men's basketball: $10.75M, TNS estimateUCLAUCLA, football: $29.5M, TNS estimateUCLA, men's basketball: $14M, TNS estimateIllinoisIllinois, football: $19.75M, TNS estimateIllinois, men's basketball: $23M, TNS estimateArkansasArkansas, football: $22.5M, TNS estimateArkansas, men's basketball: $20M, TNS estimateDukeDuke, football: $18M, TNS estimateDuke, men's basketball: $24M, TNS estimateNorth CarolinaNorth Carolina, football: $20M, TNS estimateNorth Carolina, men's basketball: $22M, TNS estimateClemsonClemson, football: $31.5M, TNS estimateClemson, men's basketball: $9.25M, TNS estimateGeorgiaGeorgia, football: $31.25M, TNS estimateGeorgia, men's basketball: $9M, TNS estimateKansasKansas, football: $21M, TNS estimateKansas, men's basketball: $19.25M, TNS estimateVanderbiltVanderbilt, football: $25.25M, TNS estimateVanderbilt, men's basketball: $15M, TNS estimateMississippi StateMississippi State, football: $26.5M, TNS estimateMississippi State, men's basketball: $13M, TNS estimatePenn StatePenn State, football: $31M, TNS estimatePenn State, men's basketball: $8.25M, TNS estimateSMUSMU, football: $24.5M, TNS estimateSMU, men's basketball: $14.5M, TNS estimateWisconsinWisconsin, football: $28M, TNS estimateWisconsin, men's basketball: $11M, TNS estimateMichigan StateMichigan State, football: $23M, TNS estimateMichigan State, men's basketball: $15.75M, TNS estimateHoustonHouston, football: $21.5M, TNS estimateHouston, men's basketball: $16.5M, TNS estimateOklahoma StateOklahoma State, football: $22M, TNS estimateOklahoma State, men's basketball: $15.75M, TNS estimateMarylandMaryland, football: $24M, TNS estimateMaryland, men's basketball: $13.5M, TNS estimateArizonaArizona, football: $19M, TNS estimateArizona, men's basketball: $17M, TNS estimateVirginia TechVirginia Tech, football: $26.75M, TNS estimateVirginia Tech, men's basketball: $9M, TNS estimateFlorida StateFlorida State, football: $27.25M, TNS estimateFlorida State, men's basketball: $8.25M, TNS estimateVirginiaVirginia, football: $23.25M, TNS estimateVirginia, men's basketball: $12M, TNS estimatePittsburghPittsburgh, football: $22M, TNS estimatePittsburgh, men's basketball: $13M, TNS estimateCincinnatiCincinnati, football: $18.25M, TNS estimateCincinnati, men's basketball: $16M, TNS estimateWest VirginiaWest Virginia, football: $20.5M, TNS estimateWest Virginia, men's basketball: $12.75M, TNS estimateNC StateNC State, football: $22M, TNS estimateNC State, men's basketball: $11M, TNS estimateBaylorBaylor, football: $21M, TNS estimateBaylor, men's basketball: $11.5M, TNS estimateBYUBYU, football: $22M, TNS estimateBYU, men's basketball: $10.5M, TNS estimateTCUTCU, football: $22M, TNS estimateTCU, men's basketball: $8.75M, TNS estimateUtahUtah, football: $22.25M, TNS estimateUtah, men's basketball: $8.5M, TNS estimateWashingtonWashington, football: $22.5M, TNS estimateWashington, men's basketball: $8.25M, TNS estimateMinnesotaMinnesota, football: $21.25M, TNS estimateMinnesota, men's basketball: $9M, TNS estimateNorthwesternNorthwestern, football: $21.75M, TNS estimateNorthwestern, men's basketball: $8.25M, TNS estimateArizona StateArizona State, football: $20M, TNS estimateArizona State, men's basketball: $9.75M, TNS estimateSyracuseSyracuse, football: $18.75M, TNS estimateSyracuse, men's basketball: $10.5M, TNS estimateIowa StateIowa State, football: $18M, TNS estimateIowa State, men's basketball: $11M, TNS estimateGeorgia TechGeorgia Tech, football: $22M, TNS estimateGeorgia Tech, men's basketball: $6.5M, TNS estimateKansas StateKansas State, football: $22M, TNS estimateKansas State, men's basketball: $6M, TNS estimateUCFUCF, football: $19.5M, TNS estimateUCF, men's basketball: $8.25M, TNS estimateRutgersRutgers, football: $19M, TNS estimateRutgers, men's basketball: $8.5M, TNS estimateCalCal, football: $20.5M, TNS estimateCal, men's basketball: $6.25M, TNS estimateIowaIowa, football: $18M, TNS estimateIowa, men's basketball: $8M, TNS estimatePurduePurdue, football: $18.75M, TNS estimatePurdue, men's basketball: $7.25M, TNS estimateBoston CollegeBoston College, football: $17M, TNS estimateBoston College, men's basketball: $8.75M, TNS estimateColoradoColorado, football: $19.5M, TNS estimateColorado, men's basketball: $6.25M, TNS estimateWake ForestWake Forest, football: $19.75M, TNS estimateWake Forest, men's basketball: $5.5M, TNS estimateStanfordStanford, football: $18.75M, TNS estimateStanford, men's basketball: $5M, TNS estimateBase cap $21.58MCap + retention fund $44.08M$0M$20M$40M$60M$80M$0M$20M$40M$60M$80M
TNS researched team-level estimates of school spend on each roster, outside endorsements excluded, as of Oct 29 (football) and Nov 2 (basketball) 2026 · 68 Power 4 schools incl. Notre Dame · cap figures from the Knight Commission summary
Show the numbers
TNS estimated school spend on each roster, outside endorsements excluded
SchoolFootball (2026)Men's basketball (2026-27)Combined
Texas$52.00M$23.50M$75.50M
Miami$49.50M$18.75M$68.25M
Oregon$51.50M$14.75M$66.25M
LSU$50.75M$15.25M$66.00M
Ohio State$50.50M$13.75M$64.25M
Texas A&M$48.25M$16.00M$64.25M
Florida$38.50M$25.50M$64.00M
Michigan$39.00M$23.75M$62.75M
Tennessee$41.50M$19.00M$60.50M
Ole Miss$43.50M$16.75M$60.25M
Texas Tech$41.75M$17.50M$59.25M
USC$39.75M$17.25M$57.00M
Indiana$39.50M$16.75M$56.25M
Notre Dame$49.25M$6.75M$56.00M
Alabama$40.50M$12.00M$52.50M
Kentucky$25.00M$26.00M$51.00M
Auburn$33.50M$16.25M$49.75M
Louisville$23.50M$25.25M$48.75M
Oklahoma$33.25M$15.50M$48.75M
South Carolina$34.00M$14.75M$48.75M
Missouri$29.00M$16.25M$45.25M
Nebraska$32.75M$10.75M$43.50M
UCLA$29.50M$14.00M$43.50M
Illinois$19.75M$23.00M$42.75M
Arkansas$22.50M$20.00M$42.50M
Duke$18.00M$24.00M$42.00M
North Carolina$20.00M$22.00M$42.00M
Clemson$31.50M$9.25M$40.75M
Georgia$31.25M$9.00M$40.25M
Kansas$21.00M$19.25M$40.25M
Vanderbilt$25.25M$15.00M$40.25M
Mississippi State$26.50M$13.00M$39.50M
Penn State$31.00M$8.25M$39.25M
SMU$24.50M$14.50M$39.00M
Wisconsin$28.00M$11.00M$39.00M
Michigan State$23.00M$15.75M$38.75M
Houston$21.50M$16.50M$38.00M
Oklahoma State$22.00M$15.75M$37.75M
Maryland$24.00M$13.50M$37.50M
Arizona$19.00M$17.00M$36.00M
Virginia Tech$26.75M$9.00M$35.75M
Florida State$27.25M$8.25M$35.50M
Virginia$23.25M$12.00M$35.25M
Pittsburgh$22.00M$13.00M$35.00M
Cincinnati$18.25M$16.00M$34.25M
West Virginia$20.50M$12.75M$33.25M
NC State$22.00M$11.00M$33.00M
Baylor$21.00M$11.50M$32.50M
BYU$22.00M$10.50M$32.50M
TCU$22.00M$8.75M$30.75M
Utah$22.25M$8.50M$30.75M
Washington$22.50M$8.25M$30.75M
Minnesota$21.25M$9.00M$30.25M
Northwestern$21.75M$8.25M$30.00M
Arizona State$20.00M$9.75M$29.75M
Syracuse$18.75M$10.50M$29.25M
Iowa State$18.00M$11.00M$29.00M
Georgia Tech$22.00M$6.50M$28.50M
Kansas State$22.00M$6.00M$28.00M
UCF$19.50M$8.25M$27.75M
Rutgers$19.00M$8.50M$27.50M
Cal$20.50M$6.25M$26.75M
Iowa$18.00M$8.00M$26.00M
Purdue$18.75M$7.25M$26.00M
Boston College$17.00M$8.75M$25.75M
Colorado$19.50M$6.25M$25.75M
Wake Forest$19.75M$5.50M$25.25M
Stanford$18.75M$5.00M$23.75M

The bill's cap covers what a school pays athletes in every sport, and this counts only two. Every one of these schools would need the retention allowance to fit football and basketball alone, and 21 would still be over. That allowance only covers players who have already spent a full season on campus. That is the gap the cap-circumvention and fair-market-value rules are built to police.

The pattern holds on the basketball side too. St. John's, which we cover only in basketball, is estimated at $21.75 million for men's basketball alone.

One caution. Our figures do not separate the revenue-sharing payments the cap governs from other money a school arranges. Nothing here is a finding that any school breaks today's cap.

What it means for players and valuations

Nothing on the TNS board moves because of Tuesday. Our valuations change on depth-chart moves, not on news, and the next full revaluation comes before the winter portal. If the PCSA becomes law, these are the provisions we would expect to show up in the market:

  • Portal pricing. One penalty-free transfer would make a player's second move far more costly. Players who have not transferred yet would carry an option that veterans of the portal no longer have.
  • The age-19 clock. Starting eligibility at 19 or first enrollment would shorten careers for players who enroll late. Fewer years to play means fewer seasons of NIL earnings.
  • Retention money. The $22.5 million retention allowance only covers athletes who have completed a full season at the school. That tilts school money toward keeping players rather than buying new ones.
  • Third-party deals. A business-purpose test and a fair-market-value database would put a price check on outside NIL deals. Deals far above market could draw scrutiny.

If the bill dies, none of this happens on a federal timeline. The NCAA could still pursue some of it, such as an age-based eligibility clock, through its own rules, Fisher Phillips noted.

Dates to watch

DateWhat happens
Nov 9, 2026The House returns for the lame-duck session, its first votes since the Senate passed the bill.
November and DecemberAbout five weeks of House votes, per ESPN. Any amended version also needs a new Senate vote in this window.
Jan 3, 2027The 120th Congress is seated with Democratic majorities. Any bill not yet law expires and must be reintroduced.

The January date is from Last Word on Sports. We will update this piece as the House acts.

About our figures

Team figures are TNS's researched estimates of what each school spends on its roster: the 2026 football roster and the 2026-27 men's basketball roster. They exclude outside endorsements and are rounded to the nearest $250,000. They are independent estimates, not reported deals, contracts or payroll disclosures. Cap figures are for 2026-27. Election results are network projections as of the morning of Nov. 4, with some House races still uncalled.

Sources

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